- (1.) By an order dated 3/05/1990 this court merged all the earlier interim orders and passed a composite order to the effect that the total number of persons entitled to allotment will be confined to those who were eligible members of the society as on 1/05/1976 not exceeding 600 in number. The allotment was directed to be made from sectors 40, 41 and 42 and if the number of plots in these sectors were not sufficient, then a from the adjacent sectors. These plots were to be developed by NOIDA within a period of nine months from 1/05/1990 and ending on January 31, 1991 and were to be allotted to the eligible members of the society at the price of Rs. 1,000. 00 per square metre. It appears that at the relevant point of time when this order was made, it was with reference to a plan which was produced on the records of the case. Now, prior to the making of this order, counsel for NOIDA had on 30/04/1990 stated before the court that "noida undertakes that in the event of this appeal being allowed, NOIDA will give to the appellant such areas as this court may specify from sectors 40 and 41 at prices to be calculated in accordance with the judgment of this court". It was further clarified that the said undertaking was limited to giving areas from sectors 40 and 41 to those who were eligible members of the society as on 1/05/1976. Thereafter, a modification was made which has been extracted in the letter of 8/05/1985 of Mr Subodh Markandeya, advocate, addressed to the Chairman of NOIDA. This modification was to the effect that instead of sectors 40 and 41, the undertaking will include sector 42 also. It was further stated that if any of the petitioners cannot be accommodated in any of these sectors, noida will give them sites or areas which are contiguous to sectors 40, 41 and 42. It was on this basis that this court in its order dated 3/05/1990 referred to sectors 40, 41 and 42. It appears from the affidavit filed in the present proceedings by D. B. Malik, Development Manager, noida, that reference to sectors 40, 41 and 42 in the court's order dated 3/05/1990 was with reference to an old plan which had undergone a change on 22/02/1983. The affidavit does not disclose what were the sector numbers allotted to the land which bore sectors 40, 41 and 42 under the old plan, in the plan of 22/02/1983. In any event, it is an admitted fact that this plan of 22/02/1983 was not before the court. This draft master plan of 22/02/1983 underwent a further change in 1989 and it is also not known what sector numbers were given to sectors 40, 41 and 42 referred to by the court in its order dated 3/05/1990. We, therefore, call upon the respondent to file an affidavit clarifying this position.
(2.) The grievance of the petitioners is that the choice of land to be allotted to the petitioners was made on the basis of the old plan which was very much before the court. The land chosen for allotment was sectors 40, 41 and 42 under that plan. Thus, the land was identified and what the petitioners contend is that even if the numbers of the sectors have undergone a change, the respondents ought to have identified the land and allotment of reconstituted plots should have been made from that identified land itself, because it is on the basis of the physical condition of that land, that the price was determined at Rs. 1,000. 00 per square metre and NOIDA cannot be allowed to get away by offering any other land on the basis of the shifting of plot numbers which may be of inferior quality. There is some substance in this contention but before we give further directions we would like to make sure as regards the identity of the plots in regard to which we are making these directions. We would, therefore, await the filing of the affidavit and the affidavit will also disclose the area of land available in the revised sectors, whatever be their numbers, corresponding to the sectors 40, 41 and 42 referred to in this court's order dated 3/05/1990.
(3.) The second grievance is in regard to non-compliance of the direction "every member who has deposited any sum of money with noida against proposed allotment shall be entitled to 12 per cent interest on such amount from the date of deposit till actual allotment and such interest accrued in favour of the person shall be entitled to adjustment of such interest against actual price of land to be worked out at the rate of rs 1,000. 00 per square metre". Balance amount, if any, had to be refunded to the eligible members of the society not exceeding 600 in number as on 1/05/1976 within three months in three equal monthly instalments. Indisputably, this direction has not been complied with on the specious plea that the relevant claim in the present proceedings is by the society and not the members. This ignores the fact that the payment was made by the society on behalf of the members. We are, therefore, of the opinion that NOIDA has failed to abide by this direction and must therefore be visited with further obligation of paying interest on the instalment amount at 15 per cent per annum from the date on which each instalment became due and payable. This should be done within four weeks from today,;